Ashlee Clarke v Lionel Samson Sadleirs Group
[2015] FWCFB 7611
•6 NOVEMBER 2015
| [2015] FWCFB 7611 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Lionel Samson Sadleirs Group
(C2015/6011)
VICE PRESIDENT WATSON | MELBOURNE, 6 NOVEMBER 2015 |
Appeal against decision [2015] FWC 5371 of Commissioner Lee at Adelaide on 19 August 2015 in matter number U2015/5266 – Permission to appeal – Whether grounds of appeal attract the public interest – Permission to appeal not granted – Fair Work Act 2009 – ss. 394, 400 and 604.
[1] This decision is an edited version of a decision given on transcript at the conclusion of the hearing on 27 October 2015. It concerns an application for permission to appeal and an appeal against the decision of Commissioner Lee handed down on 19 August 2015 in relation to an application for an unfair dismissal remedy by Ashlee Clarke.
[2] The decision under appeal dealt with the question of whether there should be an extension of time granted under s.394(3) of the Fair Work Act 2009. It is well established that such a decision is a discretionary decision. It required the Commission to be satisfied that there were exceptional circumstances taking into account the factors that are set out in that subsection.
[3] It appears to us that the grounds of appeal essentially seek to reargue the case that was put before the Commissioner and to seek an alternative outcome. We are not satisfied that an arguable case of appealable error relevant to discretionary decisions has been established, and we are not satisfied that there is a basis for finding that it is in the public interest that permission to appeal be granted.
[4] For those reasons we decline to grant permission to appeal and we dismiss the application for permission to appeal.
VICE PRESIDENT
Appearances:
Dr C. Edwards for Ms A. Clarke.
Mr M. Lenhoff for Lionel Samson Sadleirs Group.
Hearing details:
2015.
Sydney – Video Link to Perth.
27 October.
Final written submissions:
Ms A. Clarke on 13 October 2015.
Lionel Samson Sadleirs Group on 20 October 2015.
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